The requirements imposed by the Health & Safety at Work etc. Act 1974 on employers, and the implications of statutory instruments, regulations and approved codes of practice.

The Health & Safety at Work etc. Act 1974 imposes a general duty on all employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees, and others who may be affected by the organisations undertakings. This general requirement is supplemented with specific obligations which are defined in subordinate legislation in the form of Statutory Instruments.

The Act also imposes duties on every employee while at work to take reasonable care for the health and safety of himself/herself and of other persons who may be affected by his/her acts or omissions at work; and to cooperate with the planned safety arrangements put in place by his/her employer.

There are many Statutory Instruments relating to health & safety, and it is your responsibility as an employer to know the requirements. Unfortunately ignorance is no defence. One such requirement is the need to have a health & safety "Competent Person". This person can be an employee, or could be sourced externally. The Competent Person should be able to identify which legislation is relevant and what duties it imposes upon your organisation. It is good practice to produce a Register of Relevant Legislation.

The requirements specified in the Act and supporting Statutory Instruments are absolute, but the interpretation of what is required is sometimes more difficult to establish. This can be made more difficult by phrases such as "so far as is reasonably practicable" but on the positive side this phrase can provide introduction of some common sense. An employer does not have to take measures to avoid or reduce the risk if they are technically impossible or if the time, trouble or cost of the measures would be grossly disproportionate to the risk. What the law requires is what good management and common sense would lead employers to do anyway: that is, to look at what the risks are and take sensible measures to tackle them.

The Health & Safety Commission publish a series of Approved Codes of Practice (ACOP). These documents give guidance on how to comply with the law. You do NOT have to comply with the guidance, but you’ll need to demonstrate that the alternative approach you take is equally or more effective than the method described in the ACOP. If you follow the ACOP, you will have a sound defence, so the pragmatic approach is to comply with the ACOP guidance.

The main legal obligation on employers is to carry out risk assessment(s) and to ensure the safeguards are adequate. Please see Guidance on risk assessment and the law and How to Write Concise Safe Working Instructions